Real estate development and management refers to the construction of houses (including other ground buildings) on state-owned land that has obtained the right to use according to law, or the investment according to the provisions of the land transfer contract, and then the right to use it is transferred, leased or mortgaged. Article 3 Real estate development and business activities shall abide by the provisions of national laws and regulations, pay taxes according to law, and shall not harm the interests of the public.
All real estate development and operation enterprises must comply with the requirements of rational use of land, spatial layout, construction standards, basic supporting facilities, public facilities and urban environmental protection as determined in urban planning. Article 4 The administrative department of real estate or construction of the government at or above the county level shall be responsible for the industrial management of real estate development and operation.
In the development and operation of real estate, the land management department of the government at or above the county level shall supervise and inspect the transfer, lease and mortgage of the land use right and go through the registration formalities according to the regulations. Chapter II Establishment and Operation of Real Estate Development Enterprises Article 5 The establishment of a real estate development enterprise must meet the following conditions:
(a) the name of the enterprise, legal representative, organization, articles of association and office;
(2) Having registered capital or self-owned circulating funds and full-time technical and management personnel suitable for business scale and economic responsibilities, and being able to independently bear civil legal responsibilities;
(3) Chinese people and legal persons and natural persons outside China must have obtained (or reserved) a certain number of state-owned land use rights that can be used for real estate development within the territory of this province. Article 6 Procedures for the establishment of real estate development enterprises:
(a) the establishment of domestic real estate development enterprises by the local government at or above the county level department in charge of construction after the review submitted to the provincial construction committee for examination and approval. The proposal or investment report of Sino-foreign joint ventures, cooperation and wholly foreign-owned real estate development projects shall be submitted to the Provincial Planning Commission jointly with the Provincial Economic and Trade Commission for approval after being reviewed by the local government at or above the county level and the competent foreign trade department, and the Provincial Construction Committee and the Provincial Land Bureau shall participate in the joint examination of the project establishment and feasibility study report; The contract or the application and articles of association for the establishment of a foreign-funded enterprise shall be submitted to the Provincial Economic and Trade Commission for approval and then issued to the enterprise approval certificate.
(2) Real estate development enterprises shall, with the approval documents issued by the government examination and approval authorities, apply for registration with the administrative department for industry and commerce within 30 days, obtain a business license, and be allowed to engage in real estate development and business activities only after opening an account in a bank and handling tax registration with the tax authorities.
(three) the newly established real estate development enterprises shall apply for qualification examination to the competent construction department at or above the county level where they are located, and the provincial construction committee shall issue a certificate of qualification grade if they pass the examination. Article 7 When a domestic real estate development enterprise obtains a business license, its registered capital or its own working capital shall not be lower than the minimum amount of development enterprises of the corresponding level stipulated in the Qualification Grade Standard for Urban Comprehensive Development Companies issued by the Ministry of Construction.
The registered capital and time limit of real estate development enterprises with Sino-foreign joint ventures, cooperative ventures and wholly foreign-owned enterprises shall be specified by the examination and approval authorities in the enterprise approval certificate in accordance with state regulations and according to the total project investment and construction time limit. The development enterprise shall register its capital within the time limit specified in the enterprise approval certificate.
If a development enterprise has renewed a real estate development project, it shall increase its registered capital accordingly according to the above provisions.
If the registered capital is not fully in place, the operating profit of the enterprise shall not be used for additional registered capital. Article 8 The administrative department for industry and commerce at or above the county level shall be responsible for inspecting and supervising the registered capital of real estate development enterprises according to law. Article 9 A real estate development enterprise shall apply to the competent construction department of the local government at or above the county level for annual qualification inspection, and the annual inspection method shall be determined by the Provincial Construction Committee.
The competent department of construction re-approved the qualification grade of the enterprise according to the actual standards of its own funds, technical strength and annual development scale. Article 10 Land used for commercial real estate business must be acquired through paid fixed-term use of state-owned land use rights.
Entrusted by the government, non-profit real estate development projects can obtain land use rights by administrative allocation. However, it shall not be transferred, leased or mortgaged without approval and before the price difference is paid. Eleventh paid land use, real estate development enterprises can be obtained from the government's land use right transfer market; You can also accept the transfer of others in the real estate trading market according to law. Twelfth all real estate development enterprises must use the land in accordance with the provisions of the land use, planning requirements and environmental protection in the land transfer and transfer contract. If you want to change the nature of land use and planning requirements stipulated in the contract, you must apply to the land management department of the government at or above the county level where the land is located in advance. After the land management department and the city planning department review and approve, you will pay the transfer fee and re-sign the land transfer contract. Thirteenth domestic real estate enterprise project, after the examination opinions put forward by the competent department of construction, according to the examination and approval authority, by the planning departments of governments at all levels for examination and approval.